Justice Subhash Vidyarthi of the Allahabad High Court has stepped down from overseeing a plea requesting an FIR against Lok Sabha Leader of Opposition Rahul Gandhi for alleged dual citizenship. This decision follows the Lucknow Bench’s disapproval of social media posts by the petitioner on platform X, which raised concerns about Justice Vidyarthi. As a result, the case is anticipated to be reassigned to another Bench.
In a notable development, the single-judge Bench postponed issuing a final order on the plea, emphasizing the necessity of giving the potential accused, Rahul Gandhi, an opportunity to present his side before any FIR directive is given. Despite verbally delivering the judgment, Justice Vidyarthi refrained from finalizing it, citing the need to notify the accused first.
Justice Vidyarthi’s order, dated April 18, highlighted the parties’ consensus that notifying the proposed accused, Rahul Gandhi, was not mandatory under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) while deciding on an application. However, a Full Bench ruling prompted a reevaluation, indicating that the accused should be heard before rejecting an FIR plea. Consequently, the matter was scheduled for further discussion on Monday.
The single-judge Bench had previously instructed the Uttar Pradesh Police to investigate and consider filing an FIR regarding allegations of Rahul Gandhi’s dual citizenship. The petitioner asserts that Gandhi, being a British citizen, is ineligible for elections or parliamentary membership, citing documents from UK authorities. Alleging violations of various acts, including the Bharatiya Nyaya Sanhita and the Passport Act, the petitioner initially lodged the complaint in a special MP/MLA court in Rae Bareli before escalating it to the Allahabad High Court.
